JOURNALS OF THE HOUSE of LORDS.
Anno 22° Caroli Regis, 1646.
DIE Jovis, 11 die Februarii.
PRAYERS, by Dr. Gouge.
Domini præsentes fuerunt:
Comes Manchester, Speaker.
L. Viscount Say & Seale.
Ds. Herbert de Cherbery.
Answer from the H. C.
Sir Edward Leech and Mr. Page return with this
Answer to the Message sent Yesterday to the House
That they will give a Conference, as is desired; and
they agree to the Ordinance concerning Goodwin:
(Here enter it.) And to the List of the Merchants Ships:
To all the rest, they will send an Answer by Messengers
of their own.
Ordinance to reform the University of Oxford.
A Message was brought from the House of Commmons, by Mr. Rous; who brought up an Ordinance
for the Visitation and Reformation of the University of
The said Ordinance was read the First Time.
The Answer returned was:
That this House will take this Message into Consideration, and will send an Answer by Messengers of
Report about the Ship Trade, alias The Samaritan.
A Paper was reported from the Committee for the
Admiralty and Cinque Ports; which was read, as follows,
concerning the Ship The Samaritan, alias The Trade.
(Here enter it.)
Ordered, That this House approves of this Report;
and that it be sent to the House of Commons for their
Ordinance to reform the University of Oxford.
The Ordinance for the Visitation and Reformation of
the University of Oxon, was read the Second Time; and
committed to the Consideration of these Lords following:
L. Viscount Say & Seale.
Any Five, to meet on Monday next, at Three post
Meridiem, in the Prince's Lodgings; and to adjourn themselves afterwards from Time to Time,
as they shall think fit.
Sir L. Watson and Sir J. Corbet.
The Committee reported the State of the Business
between Mr. Stafford and Mr. Watson: (Here enter it.)
Which was read, and Ordered to be re-committed, for
the better Perusal of the Dates of Orders of the House,
and the Date of the Composition of Sir Lewis Watson
at Gouldsmithes Hall.
Ordinance to settle the Militia.
An Ordinance was this Day presented to the House,
for settling the Militia of this Kingdom; which was
read, and Ordered to be committed to the Committee of the whole House, and taken into Consideration
Message to the H C. about Peaker's Examination.
Ordered, That the Committee for Tobias Peaker
shall meet To-morrow in the Afternoon, at Three a
Clock; and that the Scotts Commissioners have Notice
of it, that so they may be present, or send some Persons to be present, when he shall be examined, if they
think fit; and that the House of Commons be desired,
that he may be brought before the Committee when
they shall desire.
And a Message was sent to the House of Commons,
by Sir Edward Leech and Mr. Page, to this Purpose.
Dep. Lieut. of Bucks.
Upon Recommendations of the Lord Wharton, Lord
Lieutenant of the County of Bucks: It is Ordered,
That this House approves of Mr. Phillip Wenman, to be
One of the Deputy Lieutenants for the County of
Ordinance for Goodwin to be Water Bailiff of Dover, and Keeper of the Prison there.
"Whereas the Office of His Majesty's Water Bailiff
and Keeper of the Prison of the Town and Port of
Dover, in the County of Kent, is become void by
the Death of Richard Dancy; and forasmuch as the
Gentlemen of Kent, Members of the House of Commons, have recommended Edward Goodwin to be a
fit Man to execute the said Office; and finding that that
Place will suffer much, if a fit Man be not suddenly
appointed to execute the said Office: It is therefore
Ordered, by the Lords and Commons assembled
in Parliament, That the said Edward Goodwin shall
be Water Bailiff and Keeper of the Prison of the
Town and Port of Dover; and shall have and enjoy
the Houses and Edifices, and also receive such Fees,
Profits, and Commodities whatsoever, as doth belong
to the said Office of Water Bailiff and Keeper
of the said Prison, in as ample Manner as the said
Office hath been formerly granted from the Crown."
Ordinance to pardon Susan Adams, convicted of Manslaughter.
"Whereas, upon the humble Petition of John
Adams and Susan his Wife, to the Lords and Commons
in Parliament assembled; and upon Consideration of a
Desire in Writing to the Commissioners Keepers of
the Great Seal, made on the Behalf of the said Susan,
by some Members of the House of Commons and
others, Justices of the Peace within the County of
Sussex; and upon Consideration of a Certificate under the Hands of the Jurors of the Jury, which, upon the Trial of the said Susan at the last Assizes and
Gaol Delivery for the said County of Sussex, did
find her Guilty of the Manslaughter of Hester Pride,
of which the said Susan did then stand indicted;
and for that the said Lords and Commons are thereupon satisfied that the said Susan is a Woman of
a good Life and Conversation, and the Blow or Stroke
given by the said Susan Adams unto the said Hester
Pride (whereof it was supposed she died) was but
with a small Stick, by Way of Correction of the
said Hester, then her Servant, for some Fault which
she had committed, and was given without any Malice; and that the said Jury which found the said
Susan Guilty confess, that they finding that to be
true, and conceiving the Evidence against her not
full, had found her the said Susan Adams Not Guilty
of the said Felony and Manslaughter, but that they
did (by Mistake of the Law) conceive that, though
they did find her Guilty, yet she might have (as Men
in such Case use to have) the Benefit of Clergy:
"It is therefore by the said Lords and Commons Ordained, That the said Susan Adams shall stand and
be from henceforth pardoned and discharged of and
touching the said Felony and Manslaughter, found
against her upon Mistake as aforesaid, and also freed
and pardoned of and from Execution, and all further
Proceedings and Imprisonment, upon the Judgement
given against the said Susan upon the Verdict of the
"And it is further Ordained, That the Commissioners
Keepers of the Great Seal for the Time being shall
issue forth hereby, and shall have full Power and
Authority to issue forth, to and for the said Susan
Adams, a Pardon under the Great Seal, according to
the Effect of this Ordinance, and a Writ of Allowance of the same, if the said John Adams and his
Wife find themselves able to bear the Charge of
suing forth such special Pardon and Writ of Allowance, and shall desire to sue forth the same."
Report from the Admiralty Committee, for Garland, Hackwell, & al. to be indemnified for the Detention of their Ship The Trade, alias The Samaritan.
"Die Jovis, 4 Februarii, 1646.
At the Committee of Lords and Commons, for
the Admiralty and Cinque Ports.
"Whereas, upon the Petition of Robert Guarland,
Robert Hackwell, Robert Gravenor, Edmond Grove,
and others, Proprietors of the Ship Trade, of London, directed to the House of Commons, praying
that, in respect of their good Affection to the Parliament, the said Ship might be restored to them,
having been, in her Way to London, about the
Beginning of the late Troubles, forced into Falmouth,
after a Fight with Two Dunkirke Men of War, and
by contrary Winds, and there, with her Lading of
Four Thousand Pounds Value, seized upon for the
King's Use, by Sir Nicholas Stanning, and after retaken by Captain Thomas, then Captain of The Warwick Frigott, in the Parliament's Service, it was referred to this Committee, by the Committee for Petitions, to give the Petitioners Satisfaction, if there
should be Cause; whereupon the Committee referred the Petitioners to make good the Suggestions
of the said Petition, and their Property in their said
Ship, by Proof in the Admiralty Court: Now, upon a Second Petition from the said Parties, directed
to this Committee, setting forth, That, the said Ship
being condemned in the Court of Admiralty as lawful Prize to the Parliament by the Name of The Samaritan, they have contracted for the said Ship, paying One Half of the Money in Hand, and entered
into Bonds to the Speaker of the House of Commons and the Collectors for Prize Goods to pay the
other Half on the Fourth of July, 1645, the said
Half amounting unto One Hundred and Twenty-two
Pounds, Ten Shillings; and praying, that the said
Bonds may be delivered up to them to be canceled,
and such Restitution made of the other Moiety so
paid as shall be thought meet: And upon Consideration the late Judge of the Admiralty's Report,
That, by the Depositions of Six Witnesses taken in
that Court, the Allegations of the said Petition, as
to their Property in the said Ship, her forcing into
Falmouth in her Way to London, her Seizure there
for the King, her Re-taking by Captain Thomas, her
Condemnation in the Admiralty Court here, and the
Petitioners good Affection to the Parliament, are
sufficiently proved: Ordered, That Report be
made thereof to both Houses of Parliament; and
that it be recommended to them, as the Opinion of
this Committee, That the said Bonds be delivered up
to be canceled; and that they be further considered
of, by being put into the Ordinance for the (fn. *) repairing of Persons well-affected to the Parliament,
in such Proportion as the Houses shall in their Wisdom think fit.
"W. Jessop, Secretary."
Report concerning Sir L. and Mr. Watson, and Sir J. Corbett, about the Manor of Milton.
"William Stafford Esquire, seised in Fee of the
Manor of Milton, and divers Lands in the County
of Bucks, with their Appurtenances, by Deed inrolled in Chancery, bearing Date 15 Novembr. 10°
Caroli, did bargain and sell the same to Sir Lewis
Watson and John Loddington, and their Heirs; Loddington being a Servant to Sir Lewes, and his Name
used in Trust for his Master.
"Sir Lewes Watson, by Deed, 27 Maii, 13° Carol.
demiseth the Manor and Lands to William Stafford,
his Executors and Assigns, for Two Thousand Years
from the Date; provided, if Six Thousand Two
Hundred and Forty Pounds were not paid the 28th
of November then next, the Lease to be void; which
was not paid: And Stafford, in Default of Payment, covenants for enjoying, and to make further
"Sir Lewis Watson, by this Deed, 1 Julii, 18° Carol.
made to John Earl of Rutland whose Sister Sir Lewes
married, and to others, for Settlement of the said
Manor and Lands of and in Milton, with other his
Manors and Lands, Covenants, for himself and all such
Person and Persons as were intrusted by and for him
in all on any the same, That he and they should and
would from thenceforth stand seised of and in the
the same to Sir Lewes Watson, for his Life, without
Impeachment of Waste; and after his Decease, to
Edward his Son and Heir Apparent, and the Heirs
Males of his Body; with divers Remainders over in
Tail; the Remainder to the Right Heirs of Edward
"Sir John Corbett, by Order of the House of Commons, 14 Martii, 1645, hath the Manor of Milton granted to him, as in Mortgage to Sir Lewes Watson a
Delinquent, until Mortgage-money satissied to him.
"Sir Lewis Watson, for the Manor in particular, inter
alia, 7degree; Decembris last, compounds with the Committee at Gouldsmiths Hall Sir John Corbett endeavouring to oppose it, by the recited Order of the House
of Commons. Sir John in all this Time, nor until
after the Composition, having sought any Confirmation of it from your Lordships; until after; the, Composition; and then, 12degree; Decembris, obtains an Order of
the Lords Concurrence in the same.
"By this the Parties concerned, Sir. Lewes the Fa
ther and Edward. the Spn, unheard, are prevented
of their several Rights; the Father of his Estato for
Life by him compounded for (by your Lordships
Concurrence after his: Gomposition made), and the
Son of the Estate so settled upon him; which Order,
as to their several Intverests, they both are humble
Petitioners may be recalled.
Bett to be in stituted to Barswell;
Ordered, &c. That Doctor Heath, or his lawsul
Deputy, are here by Authorized and required, upon
Sight of this Order, to give Institution and Induction unto Lawrence Bett Clerk, to the Rectory and
Parish Church of Barswell, in the County of War-wick, with his Member of Barston adjoining, void
by the Death of the last Incumbent there, salvo Jure
cujuscunque; the said Mr. Bett taaking ther National
League, and Covenat and producing his Presentation thereunto under the Hand and Seal of William
Lord Viscount. Say & SeaIe Patron pro hac vice, by
reason of the Minority of.Edward Marrow Esquire.
and Banks to Ivy Church.
Ordered, &c. That Sin, Nathaniell Brent Knight,
Vicar General, or his lawful Deputy, are hereby authorized and required, upon Sight of this Order, to give
Institution and Induction unto John Banks Master of
Arts, to the Rectory of Ivy Church, in the County of
Kent, salvo Jure, cujuscunque; the said Mr. Banks taking
the National. League and Covenant, and producing his
Presentation thereunto under the Great Seal of England.
House adjourned till 9a cras.